Justice Emeka Nwite of the Federal High Court, Abuja, on Monday, declined to grant a bail application filed by the Bauchi State Commissioner for Finance, Yakubu Adamu.
The Economic and Financial Crimes Commission (EFCC) arraigned Adamu and a few others for alleged $9.7 million terrorism financing.
Other defendants are
The judge, in a ruling, held that the offences with which the defendants are charged with threatens national security and public safety.
He further held that terrorism related offences threatened social order and pre-trial release could endanger the public, hence, such bail cannot be granted.
The judge, however, made an order for accelerated hearing of the matter.
“I am not unmindful of the constitutional provision of Section 36(5) which provides that every person who is charged with criminal offence shall be presumed innocent until he is proven guilty.
“But I must not hesitate to state that the said constitutional provision is not absolutely right.
“In the consideration of application for bail, all factors have to be considered,” he stated.
Justice Nwite, who cited a 2001 case involving a former army officer, Ishaya Bamaiyi and the State, said the Supreme Court held that “it is proper to consider the nature of the offence, the nature of the evidence in support of it and the severity of the punishment which conviction will entail.”
He said the court took these critical factors as to availability to stand trial into consideration, hence, “these are not matters that should be glossed over.”
“I cannot say more than this erudite jurist.
“Our criminal justice system has its stipulations and safeguards for the prosecutor, the accused and the victim.
“In the proper operation of that system, it can be said that it is in the interest of the society and with those safeguards that if an application for bail pending trial, there is a good reason to believe or strongly agreed that the accused will not jump bail, thereby making himself available to stand his trial and /or will not interfere with witnesses thereby constituting an obstacle in the way of justice, the court will be acting within the undoubted discretion to grant bail.
“I have carefully considered the affidavit evidence available before me in this point in time.
“And I have also considered the proof of evidence, especially the statement of Dan Lawan Abdulmumuni and other prosecution witnesses together with grave threat to national security and public safety this case pose.
“And I have also taking cognizance that terrorism related offences threatened social order and pre-trial release could endanger the public.
“In my view, the prosecution/respondent has succeeded in raising a reasonable presumption of criminal responsibility on the part of the applicants (Adamu and co-defendants).
“In view of the foregoing, I am of the humble view and I so hold that interest of justice will be met by giving the matter accelerated hearing.
“Consequently, the application is hereby refused,” the judge ruled.
Justice Nwite adjourned the matter till January 13 for commencement of trial.
